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Personal Injury – County Judge Rules for Golfer in Lawsuit

March 2, 2011

No control means no liability? If the impression about why the Judge in this case has ruled he way he has is correct, then the result here is patently absurd.

So, by the same token, a person who shoots his gun in the air and kills someones when the bullet comes back to earth and hits someone in the head should not be found liable for a wrongfully killing a person because once the bullet left the gun he no longer had control over it? That sort of a result would be absurd!

While it may be true that negligence may be mitigated or a victim may be considered to have contributed to his injuries to some degree or another, the person who goes on a golf course and hits a ball, under normal circumstances, should be held responsible for the damages the golf ball causes-no matter if the golfer had “control” over the ball after the ball was hit.

I trust this case will be appealed and I would be curious to know what the appellate court will say about the reasoning on this case.

Naperville businessman Ray Kinney wasn’t in court Friday when a judge absolved him of liability for hitting a golf ball that struck a woman in the head.That’s because he was on a golf outing in Florida.

Still, Kinney expressed relief and satisfaction with the decision of Judge John T. Elsner in DuPage County Circuit Court. Elsner ruled homeowner Lillian Demo was entitled to no financial damages from Kinney in the Aug. 25, 2005, incident at St. Andrews Golf Country Club in West Chicago.

“My understanding is the judge felt, in the state of Illinois, the golfer is not liable because he has no control over the golf ball” once it has been launched, Kinney said Friday evening during a telephone interview. “Wayward shots happen, and people who live on golf courses have to assume risk. ”Kinney lives with his family in the Hobson West neighborhood in central Naperville.

via County judge rules for golfer in lawsuit – Naperville Sun.

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Comments

Comments

  1. Ian says:

    I like the analogy you have made- it puts the decision into an interesting perspective.

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